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The CDC’s eviction moratorium ending at midnight Saturday stoking fears

CDC’s eviction ban expires at midnight tonight, millions of primarily lower income Americans are facing losing their homes

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Graphic via NBC News YouTube Channel

LOS ANGELES – As the U.S. Centers for Disease Control and Prevention, (CDC) eviction ban expires at midnight tonight, millions of primarily lower income Americans are facing losing their homes. Hopes of a federal extension approved by Congress failed this week and now lawmakers are on a six-week recess.

On Thursday, President Joe Biden announced that he would let the current CDC eviction moratorium expire instead of challenging the June U.S. Supreme Court ruling that extended the deadline to tonight. The high court ruled to extend moratoriums to the end of July but made it clear it would block any further extensions unless there was specific congressional authorization.

A White House official said that President Biden would have liked to extend the federal eviction moratorium because of the spread of the delta variant of the coronavirus which is highly contagious. However, the official conceded there were also concerns that challenging the high court may lead to a ruling that potentially could restrict the Biden administration’s ability to take unilateral actions in future public health crises.

On Friday, Missouri Democratic Representative Cori Bush angrily denounced House colleagues for adjourning for the August recess without passing an extension of the CDC eviction moratorium.

“The House is at recess. People are on vacations. How are we on vacation when we have millions of people who could start to be evicted tonight?” Bush told CNN’s Jessica Dean. “There are people already receiving and have received pay or vacate notices that will have them out on tomorrow. People are already in a position where they need help, our most vulnerable, our most marginalized, those who are in need,” she said, adding, “How can we go vacation? No, we need to come back here.”

The CDC’s eviction ban was intended to prevent further spread of the coronavirus by people put out on the streets and into shelters. Congress had approved nearly $47 billion in federal housing aid to the states during the pandemic, but that funding has been slow to make it into the hands of renters and landlords owed payments. According to persons knowledgeable of the assistance system structure, one of the reasons for the delays are over complicated administrative requirements for renters seeking help.

The President had pleaded with local governments to “take all possible steps” to immediately disburse the funds. “There can be no excuse for any state or locality not accelerating funds to landlords and tenants that have been hurt during this pandemic,” he said in a statement released late Friday.

While the Senate was in a rare Saturday work session on the president’s infrastructure package during a floor speech Democratic Massachusetts Senator Elizabeth Warren stated, “We are only hours away from a fully preventable housing crisis. We have the tools, and we have the funding. What we need is the time.”

The President’s apparent action angered many lawmakers in his own party on Capitol Hill some who expressed anger furious that he expected Congress to provide a last-minute solution to protect renters that they were unable to deliver.

Representative Maxine Waters, (D-Calif.), Chair of the House Financial Services Committee, said Saturday on CNN: “We thought that the White House was in charge.” Waters quickly produced a draft of a bill that would require the CDC to continue the ban through Dec. 31. At a hastily arranged hearing Friday morning to consider the bill she urged her colleagues to act, Stars and Stripes reported.

House Speaker Nancy Pelosi implored colleagues to pass Waters’ bill extending the deadline, calling it a “moral imperative,” to protect renters and also the landlords who are owed compensation. Landlords are opposed to extending the CDC’s eviction moratorium and are also urging local and state governments to speed up disbursement of the funding designed to hep renters from losing their homes and landlords to meet their obligations.

When House Democrats failed to garner support for Waters’ legislative efforts, they then tried to simply approve an extension by consent, without a formal vote, but House Republicans objected.

According to the Department of Housing and Urban Development, as of March of this year, 6.4 million American households were behind on their rent and as of July 5, the Census Bureau’s Household Pulse Survey showed that in the next two months approximately 3.6 million Americans will face immediate eviction proceedings.

The Associated Press reported Saturday that some places are likely to see spikes in evictions starting Monday, while other jurisdictions will see an increase in court filings that will lead to evictions over several months.

The Biden administration is trying to keep renters in place through other means. It released more than $1.5 billion in rental assistance in June, which helped nearly 300,000 households.

The departments of Housing and Urban Development, Agriculture and Veterans Affairs extended their foreclosure-related eviction moratoriums through the end of September on households living in federally insured, single-family homes late Friday, after the president had asked them to do so.

In Los Angeles, the threat of a spate of evictions will greatly exacerbate the greater LA region’s homelessness crisis. This past week in a 13-2 vote Wednesday, the Los Angeles City Council voted to stop people from camping in public spaces including the areas around parks, schools, homeless shelters, bridges and overpasses, and other similar structures.

A spokesperson for Los Angeles Mayor Eric Garcetti said that he will sign the ordinance.  Once signed, the measure will go into effect 30 days later.  Opponents of this ordinance are decrying it as another effort to criminalise the homeless population.

Homeless and civil rights activist Eddie Cruz told KTLA, “this ordinance is targeting a specific group of people in the unhoused community. We believe that this is an irresponsible attack from the City Council and an irresponsible way to deal with the homelessness crisis that is occurring in Los Angeles,” Cruz said.

In a new poll released last week conducted by Inside California Politics and Emerson College of more than 1,000 registered voters, half rated Governor Gavin Newsom’s response to the homelessness crisis in California as ‘poor.’

Newsom’s low marks comes after he signed the largest funding and reform package for housing and homelessness in California history as part of the $100 billion California Comeback Plan. The package includes $10.3 billion for affordable housing and $12 billion over two years towards tackling the homelessness crisis including $5.8 billion to add 42,000 new housing units through the states’ Project Homekey .

Another $3 billion of this investment is dedicated to housing for people with the most acute behavioral and physical health needs.

However, say activists, there is no sense of urgency in assisting people navigate through what most people see as an overly complicated application process matched with tens of thousands who will be immediately impacted and without a time cushion to work through the assistance process once the moratorium is lifted.

Eviction Moratorium Ending

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Florida

Florida’s Duval County Public Schools censors LGBTQ visibility

Duval County Public Schools slammed for removing ‘Safe Space’ stickers by Equality Florida as schools across state return to classes

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Screenshot/WJCT PBS Jacksonville, Florida

JACKSONVILLE – As Duval County Public School’s K-12 students begin their first day of school Monday, they are returning to classrooms that have been stripped bare of visible support for LGBTQ students.

Last week, Duval County Public School’s leadership held an emergency meeting with all of the school district’s principals in which they were directed to remove all posters, wall decorations, and stickers that support and affirm LGBTQ students, the latest in a wave of what LGBTQ+ advocates say are censorship efforts in the wake of the Don’t Say LGBTQ Law (HB 1557) taking effect across the state.

Equality Florida — a statewide civil rights organization focused on the LGBTQ community — published a statement criticizing Duval County Public Schools officials for putting out guidance to principals that advised the removal of the rainbow signage.

“The district’s censorship of LGBTQ-inclusive classroom environments sends a dangerous message to young people,” said Joe Saunders, Equality Florida Senior Political Director.

“In tearing down rainbow Safe Space stickers and tossing inclusive posters into the trash, Duval County Public Schools is telling students that there is something inherently wrong with LGBTQ people — and telegraphing to LGBTQ youth that they should remain hidden. Despite false assurances from Republican proponents of the Don’t Say LGBTQ Law that its scope would be narrow and its impacts limited to grades K-3, we are witnessing sweeping effects of this intentionally-vague policy across the state, with broad censorship of LGBTQ people being applied to every grade level.”

The Florida Times-Union newspaper reported Duval Schools officials say the removal is one facet of a district-wide rebrand of its existing “All In For Safe Schools” campaign that will better comply with the new Parental Rights in Education Act, which became law in July. Equality Florida calls the gesture “censorship.”

The move from Duval County Public Schools comes as schools across the state grapple with implementing the Don’t Say LGBTQ law. Already, the law has resulted in the banning of books and stigmatizing of families in counties across the state. Exactly what advocates say they warned about since the law’s inception. This decision by Duval County Public Schools to censor LGBTQ inclusion across the district has angered the community.

It also comes as LGBTQ youth, the very students now seeing their identities scrubbed from Duval classrooms, continue facing higher risks of depression, anxiety, bullying, discrimination, and suicidality than their peers.

A recent study by the Trevor Project showed a staggering majority of LGBTQ youth sharing that recent policy battles like that over HB 1557 and the subsequent impacts have had a negative impact on their mental health.

“We are in the process of rebranding the ‘All In for Safe Schools’ program,” district spokesman Tracy Pierce told the Times-Union. “The purpose of the rebranding is to send a clear message to all students that the support available through the program is open to them and not limited to any specific student population.”

“School districts are charged with doing everything in their power to mitigate the harms of HB 1557 and ensure that every student is protected in school and every family is respected. Duval County Public Schools should reverse course and recommit to cultivating an environment that is inclusive of and celebrates all students,” said Equality Florida’s Saunders.

In another circumstance of Florida’s newly minted ‘Don’t Say Gay’ law’s negative impact, last month a 12-min training video aimed at teaching middle and high school students how to prevent bullying and support their LGBTQ+ peers in Duval County Public Schools has been removed from student access.

Jacksonville Today journalist Claire Heddles reported at the time that besides the video, the district planned to dramatically reduce a LGBTQ+ support guide.

The video is now inaccessible and, in response to questions from Jacksonville Today, Duval Schools District spokesperson Tracy Pierce said, “The materials you referenced have been removed for legal review to ensure the content complies with recent state legislation.” 

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Federal Government

CMS, HHS pledge ‘prevent anti-Trans policies taking effect’ in Florida

“Attempts to restrict, challenge, or falsely characterize this potentially lifesaving care as abuse is dangerous”

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Screenshot/YouTube Chiquita Brooks-LaSure, Administrator, U.S. Centers for Medicare & Medicaid Services

WASHINGTON – After Florida’s Agency for Health Care Administration (AHCA) signaled its plans to stop Medicaid reimbursements for transgender related healthcare last week, U.S. federal health officials expressed concerns with the move in an exclusive statement to The Los Angeles Blade. 

The U.S. Centers for Medicare & Medicaid Services (CMS) and the U.S. Department of Health and Human Service’s (HHS) Office of Civil Rights (OCR) pledged they would “continue to do everything within our authority to protect Medicaid beneficiaries’ access to care and prevent discriminatory policies from taking effect.”

Pursuant to AHCA’s announcement of the new rules, coverage exemptions would be carved out of the state’s Medicaid plans for health treatments like puberty blockers, hormone therapies, or surgical procedures for gender dysphoria. 

Florida will join other conservative states that have moved in recent years to prohibit or restrict access to transgender healthcare, particularly for young people. In May, the Texas Supreme Court ruled the state could weaponize its Child Protective Services to investigate parents for child abuse for giving their transgender children medically approved health treatments. 

In March, the HHS’s OCR issued a Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy, writing: “Attempts to restrict, challenge, or falsely characterize this potentially lifesaving care as abuse is dangerous. Such attempts block parents from making critical health care decisions for their children, create a chilling effect on health care providers who are necessary to provide care for these youth, and ultimately negatively impact the health and well-being of transgender and gender nonconforming youth.

In May, OCR announced Title IX’s rules prohibiting discrimination on the basis of sex includes sexual orientation and gender identity, with HHS Secretary Xavier Becerra writing, ““Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. It is the position of the Department of Health and Human Services that everyone – including LGBTQ people – should be able to access health care, free from discrimination or interference, period.”

Shortly after the news in Florida broke on Thursday, the LGBTQ+ legal advocacy organization Lambda Legal told The Blade, “We are exploring all possible avenues for challenging this discriminatory rulemaking.” 

The American Academy of Pediatrics (AAP) and its Florida Chapter (FCAAP) also shared a statement with The Blade condemning the state’s “interference with the physician-patient relationship and its prohibition of this vital care.”

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U.S. Federal Courts

Michigan AG Nessel joins coalition opposing Florida’s ‘Don’t Say Gay’ law

“Non-inclusive educational environments have severe negative health impacts on LGBTQ+ students, resulting in increased mental health issues”

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Michigan Attorney General Dana Nessel speaking at the Michigan capitol building for Pride June 26, 2022 Lansing, MI (Photo Credit: Office of the Michigan Attorney General)

By Jon King | LANSING – Michigan Attorney General Dana Nessel has joined a coalition of 16 attorneys general from across the country in filing an amicus brief opposing Florida’s “Parental Rights in Education Act,” otherwise known as the “Don’t Say Gay” law.

Nessel, a Democrat who is Michigan’s first openly gay top statewide official, says that the law, which prevents classroom discussion of sexual orientation or gender identity, poses a serious threat to LGBTQ+ students who she says are particularly vulnerable to discrimination.  

“This bill is an affront not just to educators, but also to LGBTQ+ students, especially those who may already be experiencing the stigmatizing effect of their identity at school,” Nessel said. “This bill is not motivated by the desire to limit inappropriate content in classrooms. It is meant to have a chilling effect on how educators do their jobs and may also violate the First Amendment rights of students and teachers alike. I gladly join my colleagues on this brief and hope it discourages other states, including Michigan, from considering similar legislation.” 

The law is being challenged in federal district court by a group of students, parents, teachers and organizations seeking to prevent its enforcement by alleging that it violates, among other things, the Equal Protection Clause and the First Amendment.  

The law entirely bans “classroom instruction” on sexual orientation or gender identity in kindergarten through Grade 3 while also requiring the state education agency write new classroom instructions for standards that must be followed by grades four through 12. 

Opponents say that because the law does not define many of its key terms, like “classroom instruction,” it is forcing Florida teachers to censor themselves out of fear of prosecution. That fear is further compounded by the fact that the law also allows a parent to bring a civil claim against a school district to enforce its prohibitions.  

There are two main points in the brief.

“Florida’s law is extreme,” it states. “Although Florida claims the Act is intended to protect children and preserve parental choice, the attorneys general have curricula in place that allow for age-appropriate discussion of LGBTQ+ issues while respecting parental views on the topic.”

“The law is causing significant harms to students, parents, teachers, and other states,” claims the brief. “Non-inclusive educational environments have severe negative health impacts on LGBTQ+ students, resulting in increased rates of mental health disorders and suicide attempts. These harms extend to youth not just in Florida, but throughout the country.”

Nessel is joining the amicus brief alongside Attorneys General from New Jersey, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New York and Oregon.

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The preceding article was previously published by the Michigan Advance and is republished with permission.

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Jon King has been a journalist for more than 35 years. He is the Past President of the Michigan Associated Press Media Editors Association and has been recognized for excellence numerous times, most recently in 2021 with the Best Investigative Story by the Michigan Association of Broadcasters. He is also an adjunct faculty member at Cleary University. Jon and his family live in Howell, where he also serves on the Board of Directors for the Livingston Diversity Council.

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The Michigan Advance is a hard-hitting, nonprofit news site covering politics and policy across the state. We feature in-depth stories, briefs and social media updates, as well as top-notch progressive commentary. The Advance is free of advertising and free to our readers. We wholeheartedly believe that journalists have the biggest impact by reporting close to home, explaining what’s happening in our state and communities — and why. Michigan has hundreds fewer reporters than just a couple decades ago. The result is too many stories falling through the cracks.

The Advance is part of States Newsroom, a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers. The Advance retains editorial independence.

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